If a dispute is referred outside the time periods prescribed by the Labour Relations Act, the referring party needs to apply for condonation. The CCMA Rules, require the applicant to bring an application, on affidavit(sworn statement), explaining why the referral is late and why the CCMA should allow the matter to continue(condonation). The Labour Relations Act permits condonation to be granted on good cause shown. The CCMA Rules set out what the application should contain. These are the ff: *the degree of lateness (the applicant must indicate the number of days that the referral is late by explaining when the applications have been served. The applicant must show the number of days late by showing when the CCMA should have received the Application. *the reason for the lateness (the applicant needs to explain why the dispute was referred late by explaining the steps taken prior to referring the case to the CCMA. *prospects of success on the merits of the case (the applicant needs to set out reasons why the case should succeed. This will involve giving some background into the nature of the dispute and explaining why the applicant believes that the case will be successful. *any prejudice to the other party (finally, the applicant must show what disadvantages will be suffered by both parties if condonation is not granted /or granted.
Posted on: Thu, 06 Mar 2014 06:26:27 +0000
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